Prior Consideration for Probationary Faculty Hires
Pursuant to the IFO Agreement Article 21, Section A, Subd. 2, current faculty members are entitled to “prior consideration” for probationary positions, which reads as follows:
Subd. 2. Prior Consideration. When a university determines to fill a probationary position as described in this subdivision, it will grant prior consideration to current faculty members as described herein.
Prior consideration may be granted only when the university decides to fill a probationary position, and there is a current incumbent in that position who was hired pursuant to regular, non-emergency university hiring procedures. If, after a job posting is posted, a current incumbent applies for the probationary position, the current incumbent's application shall be reviewed prior to the review of other applicants.
Should the search committee determine that the current incumbent meets the qualifications for the probationary position, and, after interviewing the candidate, wishes to recommend his/her appointment, the committee may make such a recommendation to the university without considering additional candidates. If the university determines that current vacancy filling policies or procedures require consideration of some or all other applicants, it will so notify the search committee. The search committee will then review such applicants.
The right to "prior consideration" as described in this subdivision establishes only a procedural right with respect to the review and possible interview of the current incumbent by the search committee. These priorities do not create an expectation of employment on the part of any current faculty incumbent who receives prior consideration under these provisions.
The following is additional information to help implement this contractual provision:
"Prior consideration” applies to current fixed-term or non-tenure-track (NTT) faculty in the same or virtually similar position, when that position has been converted from fixed term or NTT to probationary.
The position is approved through the normal PRF process, but is now approved as probationary rather than fixed-term or NTT.
The search begins through the normal process (steps 1 through 4)
Recruiting takes place. Recruiting may be limited to posting of the Job Posting on the Minnesota State Mankato web page. This is advisable when there is a fixed-term of NTT person that you know is interested in the position. However, if you do not know this, normal recruiting procedures should be followed.
Committee conducts the “prior consideration” review. This means:
Review the fixed-term or NTT application PRIOR to looking at any other candidate information.
Determine one of the following:
If the individual is not qualified for the position, notify them and continue with the search.
Does the committee wish to continue to consider the candidate, but do so along with other potential candidates that might be available after recruiting? If so, continue recruiting.
Does the committee wish to recommend to the Dean, VP, AA, and HR that the individual be hired? If so, the Dean, VP, AA and/or HR determine whether to appoint the candidate or continue the search.
- If the search is to be continued, refer to the Search Checklist, continue recruiting and follow the remainder of the process.
- If it is agreed upon to appoint the candidate, the necessary paperwork (Search Waiver, Offer Letter, UPD, etc.) should be processed.
Whether or not search is to be continued or if it is agreed to appoint the candidate, the Prior Consideration / Transfer Form must also be completed and processed accordingly.
Frequently asked questions:
Who is eligible? Only those fixed-term or NTT faculty in a position that is converted to probationary track. Eligibility does not extend to “any” fixed-term of NTT faculty at the university.
Do we have to spend money to advertise if we have someone who is entitled to prior consideration? No. You may simply post on the university web site, pending a decision by the appointing authority. If the candidate is not hired, then return to the full recruiting and search process.
Does the search committee decide whether to appoint the person? No. As with any search, the search committee’s function is advisory to the Dean, VP, Director of Equal Opportunity & Title IX and Director of Human Resources.
Should we draft the Job Posting to meet the qualifications of the fixed-term or NTT faculty member? No. You should never draft a Job Posting to meet the qualifications of any single person. Job Postings should be drafted based on the requirements of the position.
Do we have to hire the fixed-term or NTT candidate? No. Fixed-term or NTT faculty are only entitled to “prior consideration.” There is no guarantee of a probationary position.
What considerations should we use in determining whether to recommend a fixed-term or NTT candidate? You should look at things such as a) the affirmative action goal for your department; b) the diversity of your work unit; c) the potential for a candidate pool that will improve the quality of your hiring recommendation; d) the likelihood of success for the candidate in the position; and e) anything else that bears on the ultimate hiring decision.